5-4-2: KEEPING OF CERTAIN ANIMALS PERMITTED:
   A.    Animals Permitted Pursuant To Regulations: The following animals may be kept in the City pursuant to the regulations of this chapter and relevant provisions of the Zoning Ordinance: domestic animals; farm animals and permitted nondomestic animals; and inherently dangerous animals.
   B.    Chickens On Urban Residential Lots:
      1.    License Required: No person shall keep chickens on any property zoned R-1A, R-1B, R-1C or R-2, within the City without first obtaining a license from the City.
      2.    Application: An application for a license to keep chickens shall be made to the City Clerk on the form prescribed by the City. The applicant must provide all the information required on the form, including, but not limited to:
         a.    The name and address of the owner(s) where the chickens will be kept;
         b.    The number of chickens to be kept on the property;
         c.    Site plan or property survey showing the proposed location of the chicken coop and/or run on the subject property;
         d.    Drawing or picture of the proposed chicken coop;
         e.    The applicant must pay the fee for the license to keep chickens as set forth in the City fee schedule.
      3.    Notice To Surrounding Property Owners: Once the City Clerk receives a complete application from an applicant, the City Clerk shall provide written notice of and include a copy of said application to those owners of properties directly abutting the proposed location. Owners shall be determined as those shown as owners on the tax statement prepared by the County Treasurer. This notification requirement shall only apply to an application for an initial license to keep chickens and shall not apply to applications for renewal of an existing license.
      4.    Granting Issuance Of License: The City Clerk may administratively grant an initial or renewal license under this subsection provided all of the following have been met:
         a.    All submittal information is submitted and complete.
         b.    Appropriate fee is paid.
         c.    The application filed demonstrates compliance with the requirements of this subsection and any other applicable regulations of this Code.
         d.    No persons mailed a notice object in writing to the request within ten (10) days of notice being mailed; an objection sent electronically shall be deemed an objection in writing.
      5.    Denying Issuance Of License: The City Clerk shall deny issuance of a license if any of the items in subsection B4 of this section have not been met. In the instance where an objection has been received by an abutting property owner, the item shall be placed on the next available City Council agenda for Council review and determination of whether the license shall be issued.
      6.    Standards: Any person keeping chickens in residential areas of the City as noted in subsection B1 of this section, shall comply with all of the following:
         a.    No person shall keep more than six (6) total hen chickens on the property.
         b.    No person shall keep roosters or adult male chickens on the property.
         c.    Cockfighting is specifically prohibited within the City.
         d.    The slaughter of chickens is prohibited on residentially used or zoned properties.
         e.    The owner of the chickens shall live in the dwelling on the property.
         f.    The raising of chickens for breeding purposes is prohibited.
         g.    Chickens shall not be kept inside a dwelling.
      7.    Shelter And Enclosure Requirements: Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run. Chicken coops and runs shall comply with the following standards:
         a.    Only one chicken coop and/or run shall be allowed per lot.
         b.    Chicken coops and runs shall not be located in the front or side yards and shall not be placed within any drainage and utility easement.
         c.    Any chicken coop or chicken run shall be set back at least twenty five feet (25') from any principal structure on any adjacent lot and ten feet (10') from all property lines.
         d.    Any chicken coop and run fencing must be consistent with applicable Zoning Codes.
         e.    No chicken coop or run shall be constructed on a lot prior to the time of occupancy of the principal structure.
         f.    Chickens shall be provided a secure and well-ventilated roofed structure in compliance with applicable Zoning Codes.
         g.    The floors and walls of the roofed structure shall be kept clean, sanitary and in a healthy condition.
         h.    Chickens shall be contained within a chicken run at all times.
         i.    The run area shall be well drained so there is no accumulation of moisture.
         j.    Chicken feed shall be stored in leakproof containers with a tightfitting cover to prevent attracting vermin.
      8.    License Modification: The license may be reasonably modified by animal control authority if necessary to respond to changed circumstances. Any modification shall be effective ten (10) days after the mailing of written notice by certified mail to the license holder. The license holder may challenge the modification by contacting the City Clerk and requesting a hearing within ten (10) days after the receipt of written notice. A hearing regarding the proposed modification shall be held before the City Council.
      9.    Duration Of License: A license to keep chickens shall be issued for a period of two (2) years beginning March 1 and ending February 28. Applications for a renewal permit may not be made prior to sixty (60) days before March 1.
      10.    Conditions/Maintenance And Inspections: No person who owns, controls, keeps, maintains or harbors chickens shall permit the premises where the chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition. The premises should be maintained to prevent odors from permeating into neighboring properties. Any chicken coop and run authorized under this section may be inspected at any reasonable time by authorized City staff to inspect for compliance with this chapter and other relevant laws and regulations.
      11.    Revocation Of License: A license may be revoked by the City Council for a violation of any condition of this section following notice and a hearing as provided for in title 3, chapter 2 of this Code.
      12.    Penalty: Violation of this section shall be a petty misdemeanor. (Ord. 1367, 4-8-2019, eff. 5-1-2019)